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Home My WebLink AboutResolution 5442 Consenting to Haven's Sale of its current shelter2787116 Page 1 of6 09/21/202204:28:28PM Fee:$48.00 EricSemerad -GallatinCounty,MT MISC DocuSignEnvelopeID:5F186D44-379E-4CDO.918D-BF987422855B Return To: Security TitleCompany P.O.Box 6550 Bozemsn.MT 59771-655F co. RESOLUTION 5442 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,CONSENTING TO HAVEN'S SALE OF ITS CURRENT SHELTER LOCATION TO ASSIST IN PAYING THE COSTS OF CONSTRUCTING A NEW SHELTER ADJACENT TO THE BOZEMAN POND PARK WHEREAS,in 1981,the City purchased realpropertyfordevelopment of a shelterfor survivorsofdomesticviolence; WHEREAS,in 1986,theCity grantedthe propertyto the BatteredWomen's Network (AttachmentA),thepredecessorto Haven,subjectto Haven usingthe propertyas a shelterand conditionedupon theCity'sconsenttothesaleoftheproperty;and WHEREAS,Haven requeststheCityconsenttoitsellingthecurrentshelterpropertyas it willusetheproceedsfrom thesaleto complete constructionof a new shelterlocatedadjacentto Bozeman Pond Park. WHEREAS,allconditionsofthedeed from the Cityto Haven have been satisfied. NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Bozeman,Montana,towit: 1.The Bozeman City Commission hereby consentsto Haven's saleof itscurrentshelter locationas thefundsfrom thesalewillbe used tocomplete constructionof Haven's new shelteradjacenttoBozeman Pond Park. 2.The Cityagreesby consentingtothesaletheCityrepresentsallconditionsintheattached deed have been satisfied. 3.Upon Haven's saleofthecurrentlocation,theCityreleasesallinterestsitmay have inthe currentpropertyincludingtheCity'sreversionaryinterest.The Cityagreesithas no legal orequitableinterestsinHaven's new location. Resolution5421 Page1of2 2787116 Page 2 of 6 09/21/2022 04:28:28 PM DocuSignEnvelopeID:5F186D44-379E-4CD0-9180-BF9B7422855B PASSED,ADOPTED,AND APPROVED by th City Comn ss n the City of Bozeman,Montana,ata regularsessionthereofheldon the day of ,20_. Docuignedby: arrnac7espejdAR CYNTHIA L.ANDRUS Mayor ATTEST: DocuSignedby: DocuSignedby: MIKE MAAS CityClerk APPROVED AS TO FORM: Docusignedby: GREG SULLIVAN CityAttorney Resolution5421 Page2of2 2787116 Page 3 of 6 09/21/2022 04:28:28 PM From MCA 1-5-610(7)Forcertifyingacopy ofan electronicrecord: Stateof Montana County ofGallatin Icertifythatthe foregoingand annexed record entitledResolution5442,dated September 13,2022,and consistingof 5 pages isa true and correctcopy of an electronicrecord printed directlyfrornthe electronicfileby me on 6e.g6 k 2/Am. (Signatureofnotarialofficer) (Officialstamp). .,,,,,MIKE MAAS's NotaryPublicoTAA4fortheStateofMontana-:,:Residingat:.SEAL f Belgrade,Montana My CommissionExpires:......o November8,2025 2787116 Page 4 of 6 09/21/2022 04:28:28 PM WARRANTY DEED THIS INDENTURE,made the 3rd day of November , 1986,between the CITY OF BOBEMAN,a municipal corporation of the State of Montana,with mailing address of P.O.Box 640,Bozeman,MT 59771,Party of the First Part,and BATTERED WOMEN'S NETWORK,with mailing address of P.O.Box 752,Bozeman,MT 59715,Party of the Second Part, W I T N E S S E T H: FOR VALUABLE CONSIDERATION,the receipt and sufficiency of which is hereby acknowledged,the Party of the First Part,has granted and conveyed,and by these presents,does grant and convey unto the Party of the Second Part and to its successors and assigns,forever,all right,title and interest in and to the following described property, situated in Gallatin County,State of Montana,to-wit: Subject to easements,rights of way,conditions,reservations and restrictive covenants of record or which may be ascertained from a visual inspectionoftheland,prior mineral and patent reservations and exceptions,prior water rights,taxes and other governmental charges and assessments. TOGETHER with all and singular the herein before described premises together with all tenements,heredita- ments,and appurtenances thereto belonging or in any wise appertaining,and the reversion and reversions,remainder and remainders,rents,issues,and profits thereof;and also all the estate,right,title,interest and right of homestead,possession,cilaimand demanà whatsoever,as well in law as in equity,of the said Party of.the First-Part, of,in or to the said premises,and every part and parcel 2787116 Page 5 of 6 09/21/2022 04:28:28 PM thereof,with the appurtenances thereto belonging;and subject to the following conditions: 1.That the NETWORK shall use the property solely for the purpose of providing a shelter facility for Battered Women as outlined in their grant proposal to the City Commission. 2.That the NETWORK shall maintain full replacementcostinsuranceonthepropertyforaslongasit occupies the property. 3.That the HETWORK shall not take any action to remove the property from the tax rolls of Gallatin County so long as they occupy the real property. 4.That the NETWORK shall not transfer,mortgage,sell or otherwise encumber the property without the consent of the City;consent will not be unreasonably withheld by the City to any transfer or sale,the purpose of which is to enable the Network to acquire new,different or substitute property of a comparable or greater value. 5.That if the property is not used for the purposestatedinConditionNo.1,above,the real property shall revert back to the City. TO HAVE AND TO HOLD,all and singular the said premises,together with the appurtenances unto the said Party of the Second Part,and to its successors and assigns, forever. AND the said Party of the First Part,and its heirs, does hereby covenant that they will forever WARRANT and DEFEND all right,title,and interest in and to the said premises and the quiet and peaceable possession thereof, unto the said Party of the Second Part,and to the successors and assigns of the Party of the Second Part, against all acts and deeds of the said Party of the First Part,and all and every person and persons whomsoever lawfully-claiming or..toclaim the same.... IN WITNESS WHEREOF,the said Party of the First Part has caused this deed to be executed the day and year first abbvm written... CITY OF BOZEliAN: c - A.maL... Its:Mayor 2787116 Page 6 of 6 09/21/2022 04:28:28 PM STATE OF MONTANA ) County of Gallatin On this 3rd day of November 1986,before me,the undersigned,a Notary Public for the State of Montana,personally appeared JudithA.Mathre and RobinL.Sullivan known to me to be the persons whose names are subscribed to the foregoing instrument,and acknowledged to me that they executed the within instrument. IN WITNESS WHEREOF,I have hereunto set my hand and ta d my Notarial Seal the day and year in ficate first above writ,tn .Jieary Public for State of Montana .$AL)Residing at Bozeman,Monta My commission expires:*//V aeotxtoÅ PLATiaDj StateofMont.,CountyofGallatin.enFiled ember 24 19 86 ,,4 :05 P m..andrecordedinBook Smald ..(le mearder,ny normvss $15,00 Rt:City of Bozeman